Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      MTN and Vodacom dwarf South Africa's listed tech sector

      MTN and Vodacom dwarf South Africa’s listed tech sector

      20 March 2026
      SA firm opens Africa's largest space hardware factory

      SA firm opens Africa’s largest space hardware factory

      20 March 2026
      OpenClaw fever grips China

      OpenClaw fever grips China

      20 March 2026
      OpenAI plans desktop 'super app'

      OpenAI plans desktop ‘super app’

      20 March 2026
      How a WhatsApp bundle exposed a fault line in SA mobile

      How a WhatsApp bundle exposed a fault line in SA mobile

      19 March 2026
    • World
      Mystery Chinese AI model revealed to be Xiaomi's

      Mystery Chinese AI model revealed to be Xiaomi’s

      19 March 2026
      A mystery AI model has developers buzzing

      A mystery AI model has developers buzzing

      18 March 2026
      Samsung's trifold gamble ends in retreat

      Samsung’s trifold gamble ends in retreat

      17 March 2026
      Nvidia targets $1-trillion in AI chip sales as inference demand surges - Jensen Huang

      Nvidia targets $1-trillion in AI chip sales as inference demand surges

      17 March 2026
      Peter Thiel's secretive Rome conference draws Church attention

      Peter Thiel’s secretive Rome conference draws Church attention

      16 March 2026
    • In-depth
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
    • TCS
      TCS+ | Arctic Wolf unpacks the evolving threat landscape for SA businesses - Clare Loveridge and Jason Oehley

      TCS+ | Arctic Wolf unpacks the evolving threat landscape for SA businesses

      19 March 2026
      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience - Theo van Zyl

      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience

      13 March 2026
      TCS+ | Flipping the narrative on AI in the Global South - Josefin Rosén

      TCS+ | Flipping the narrative on AI in the Global South

      13 March 2026
      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      5 March 2026
      TCS+ | Bolt ups the ante on platform safety - Simo Kalajdzic

      TCS+ | Bolt ups the ante on platform safety

      4 March 2026
    • Opinion
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
      The AI fraud crisis your bank is not ready for - Andries Maritz

      The AI fraud crisis your bank is not ready for

      18 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » Court orders Icasa not to implement new data rules

    Court orders Icasa not to implement new data rules

    By Duncan McLeod7 June 2018
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    The high court in Johannesburg on Thursday ordered communications regulator Icasa not to implement new consumer protection regulations dealing with data expiry and rollover until judgment is handed down in the matter. The rules were to take effect on Friday.

    The court has ordered that Icasa must, within 10 days, file a responding affidavit in an urgent application brought by mobile operator Cell C, which will then have a further five days to reply.

    Icasa said earlier on Thursday, before the court ruled on the matter, that it still expects South Africa’s mobile operators to comply by the original deadline of Friday, 8 June for implementation of the new regulations. However, it said it will not penalise them for non-compliance — for now.

    Cell C advised the regulator that while it was fully committed to complying with the regulations, it was impossible to meet the proposed timeline

    “Icasa has decided that it will defend the application by Cell C and, to this end, has resolved to postpone the effective date until the matter has been heard and pronounced upon by the court,” it said.

    But the matter is now out of Icasa’s hands. The ruling by the court, which TechCentral has seen, said that until the court has made a finding in the matter, Icasa “will not take any steps to implement” the regulations.

    Cell C approached the high court on Wednesday seeking an urgent interdict against Icasa, saying the regulator had not given it sufficient time to implement new data expiry rules meant to protect consumers.

    The rules, known as the end-user and subscriber services charter regulation amendments, were published on 7 May, with operators given one month to comply.

    “Prior to publication, Cell C advised the regulator that while it was fully committed to complying with the regulations, it was impossible to meet the proposed timeline,” the company said in a statement.

    Telkom, MTN and Vodacom have also voiced concern about the short time period the operators had been given to comply. Cell C said it needs at least six months to comply fully.

    ‘Continuing to engage’

    Telkom told TechCentral on Thursday that it is considering joining Cell C’s court application. The company is “continuing to engage with Icasa on its request for a three-month extension on the implementation of the requirements of the regulations”, it said. “We hope to have some feedback from Icasa by close of business tomorrow (Friday). In the event that feedback is not received, Telkom will set out its version to the court in the application brought by Cell C.”

    Vodacom, meanwhile, said that given Icasa’s tight deadline, it has submitted a proposal regarding a “phased implementation” of the regulations and “is awaiting a response on the matter”. It said it is “fully committed to implementing the regulations and our technicians are working hard to get our systems ready”.

    Icasa said the regulations are needed to address consumer concerns about “unfair business rules imposed by licensees in the provision of data services to consumers”.

    “In particular, the regulations seek to grant consumers relief against the expiry of data, bill shock occasioned by lack of transparency on out-of-bundle charges and other rules which are prejudicial to consumers.”

    It added that the effect of the delay in implementation will be that “consumers will continue to be prejudiced by the continued application of the impugned business rules”.

    “This means consumers will for the foreseeable period of the extension not be able to carry over their unused data and will continue to be charged high out-of-bundle rates without their consent.

    “Icasa is required, in terms of its legislative mandate, to act and regulate in the public interest (particularly consumers). It is Icasa’s view that granting such an extension would not be in the public interest. Hence, the decision to refuse the extension.”

    Specifically, the amended regulations state that operators must:

    • Offer data rollover to customers, though Icasa has left to the companies to determine how long that period of rollover should be;
    • Send usage depletion notifications to consumers once they have used 50%, 80% and 100% of their bundles;
    • Ensure that out-of-bundle data is explicitly opt-in only — consumers must not automatically be defaulted to out-of-bundle rates when their bundles are depleted;
    • Provide an option to offer unused data to other users on the same network.  — (c) 2018 NewsCentral Media
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Cell C Icasa MTN Telkom top Vodacom
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleMTN joins Cell C in Icasa court challenge
    Next Article How millennials could upend the data privacy debate

    Related Posts

    MTN and Vodacom dwarf South Africa's listed tech sector

    MTN and Vodacom dwarf South Africa’s listed tech sector

    20 March 2026
    How a WhatsApp bundle exposed a fault line in SA mobile

    How a WhatsApp bundle exposed a fault line in SA mobile

    19 March 2026
    Showmax kill date announced

    Commission to probe Showmax closure

    18 March 2026
    Company News

    How South African executives can crack the AI ROI code

    20 March 2026
    Africa's first Nvidia RTX Pro GPU servers have landed

    Africa’s first Nvidia RTX Pro GPU servers have landed

    19 March 2026
    How Acer Africa is bridging the digital divide through local innovation

    How Acer Africa is bridging the digital divide through local innovation

    19 March 2026
    Opinion
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026
    VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

    VC’s centre of gravity is shifting – and South Africa is in the frame

    3 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    MTN and Vodacom dwarf South Africa's listed tech sector

    MTN and Vodacom dwarf South Africa’s listed tech sector

    20 March 2026
    SA firm opens Africa's largest space hardware factory

    SA firm opens Africa’s largest space hardware factory

    20 March 2026

    How South African executives can crack the AI ROI code

    20 March 2026
    OpenClaw fever grips China

    OpenClaw fever grips China

    20 March 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}